[2011] UKUT 351 (IAC)

The tribunal examined the Immigration Rules para.322(1A) which provided that variation of leave to remain was to be refused where an applicant made a false representation or material non-disclosure. A finding of dishonesty was required before any aspect of the rule was triggered; it could never have been intended that a wholly inadvertent failure to correctly answer one of the questions on the form would nevertheless fall within the paragraph's scope.

UT (IAC) (Judge McKee)

19/08/2011